Fkm Partnership, Ltd., a Texas Limited Partnership, Petitioner v. Board of Regents of the University of Houston…

Summary

The Texas Supreme Court affirmed the Court of Appeals, holding that the trial court retains jurisdiction after the condemning authority amends its petition to reduce the condemned property, and that the University is liable for certain fees and expenses because the amendment functionally dismisses the original claim. The Court also held that damages under §21.044 are not available because the University retained the right to condemn the property.